Real estate property is an immovable property refers to land, fixture and appurtenances or anything permanent in nature like structures, tress, minerals, and the interest, benefits, and inherent rights.

There is a close resemblance between common intention and common object, though both of them belong to different categories of the office in criminal law.

(However joint offender is not defined under IPC, however various provisions of the IPC contemplated joint liability of each person who have committed a criminal act or offence in furtherance of common intention).

The principle of joint liability is defining u/s 34, and 149 of IPC.

Exceptions of Section 34 –When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Exceptions of S34:

1. Principle of Joint Liability:

Section 34 of IPC explains the principle of joint liability, in doing the criminal act with common intention.This section attract the principle of joint liability. A joint liability of a person is determined according to the manner in which he becomes associated with commission of the crime. Normally a person may be participant in a crime in the following ways:

When he himself commit a crime.

When he share in commission of it.

When he, with a view to the commission of crime, sets some third agency to work, that is he makes some third party his own agent for committing the crime.

When he helps the offender, after the commissions of the crime committing the crime.

2. Several Person:

in this section several person means two or more than two person, criminal act must be done by several persons.

It is held in sachin jana and another v/s state of west

Bengal that act done by two or more persons jointly and intentionally can be taken as if done by each of them individually himself

These word of this section deals with those cased when it is difficult to distinguish precisely the part taken by each of the participant, it is deem necessary to declare all person liable for the criminal act..

.

Furtherance of Common Intention: S34 deals with the doing of separate acts, similar or distinct acts by several people. If the criminal act is done in furtherance of common intention, each person is liable for the result of such act. Once is prove the criminal act was done in furtherance of common intention of all, each person is liable for the criminal act as if it were done by him alone. Section 34 is mainly intended to meet a case in which it may be difficult to distinguish between the acts of individual members of a party who act in further of the common intention of all or to prove exactly what part was taken by each of them. When such participation is establish section 34 can be attracted. Sc 3does not say- “common intention to all” nor does it says – “an intention common to all” but it says ” in furtherance of common intention.

It is held in sevaram v/s state of UP that: the direct proof of common intention is seldom available. It can only be inferred form circumstances appearing from proved facts.

Sec34 does not create distinctive substantive offence; it is only a role of evidence.

Essential ingredient of S.34:

There must be a criminal act.

The criminal act done by several person.

The act is done in furtherance of common intention of all.

Cases:

Nandu rasto v/s state of Bihar:

Criminal conspiracy is the essential ingredient of common intention u/s34, of IPC. Participant in criminal act in some manner was also essential but physical presence at scene of occurrence is not always necessary.

Barendra Kumar Ghosh v/s Emperor:

It has been observed that though the accused did not played any role to kill the post master but he was standing outside to – stand and wait , which prove he was helping in the criminal conspiracy.

Exception of Common intention:

Private defense:

In Subramanian v/s State of Tamil Nadu, -That if the appellant acted in exercise of their right of private defense of property it cannot be said that they committed a criminal act in furtherance of a common intention because it is protected u/s 96 of IPc.

Section 149: every member of unlawful assembly guilty of offense committed in prosecution of common object- if an offense committed by any member of an unlawful assembly in prosecution of common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who ,at the time of the committing of that offense, is a member of the same assembly, is guilty of that offense.

Exceptions of Section 149:

Principle of vicarious liability. This section is the declaratory of the principle of vicarious liability of the members of an unlawful assembly for acts done in prosecution of common object of that assembly, all the members of that assembly will be vicariously liable for that offence even one or more, but not all committed the said office.

Unlawful assembly: It is not necessary under any law that in all cases of unlawful assembly, with an unlawful object, the unlawful assembly must be unlawful object to attract this section. Also too attract section 149 of IPC, only member of unlawful assembly is not enough, the person should have understood that assembly as unlawful and was likely to commit any of the acts which fall within the purview of section 141 of IPC, and it must have been committed in prosecution of common object.

Common object: the word Object means purpose or design to make it common, it must be share by all. It may be formed at any stage by all or few members. It may be modify or altered or abandoned at any state. Common object may be formed by express agreement after mutual consultation. The sharing of common object would, however, not necessarily require the member present and sharing the object to engage himself in doing an over act. Therefore this section is inapplicable in a case of sudden mutual fight between two parties, because of lack of common object.

Essential ingredient of Section 149:

Unlawful assembly as contemplated my section 141 of IPC.

Accused was a member of such assembly.

The accused voluntarily joined that assembly.

He knew the common object of that assembly.

An office was committed by one or few member of that assembly.

Offense must be committed in prosecution of common object of that assembly.

Case Ref:

Difference between Section 34 and section 149 of IPC

Base

Section34

Section 149

Nature of Offense

This section is not a substantive office it is only a role of evidence. it always read with other substantive offices. Punishment cannot be imposed solely upon this section. For example if a person convicted u/s 302 r/w 34 of IPC can legally be convicted u/s 302 r/w 34.

This section is a substantive offense, it also read with other sections. Punishment can be imposed solely upon this section Where as prosecution file a charge sheet u/s 149 the court me convert it to section 34 and impose conviction.

Principle element

Common intention- the principle ingredient of this section is Common intention, any act which committed in furtherance of common intention attract this section

Common Object: the principle element of this section is Common Object, any act which committed in prosecution of common object. will attract this section

Range of Principle element

Common intention within the meaning of section 34, is undefined and unlimited.

Common object is defined and is limited to the five unlawful objects stated in section 141 of IPC.

Type of Offense

Common Intention requires under this section may be of ANY TYPE.

Common object require under this section must be one of the object mentioned u/s 141 of IPC.

Necessity

Prior meeting of mind is necessary before wrongful act is done under this section. In Nanak Chand v/s State of Punjab Sc held that – common intention presupposes prior concert and meeting of minds, whereas a common object may be formed without that.

Prior meeting of mind is not necessary under this section. Mere membership of an unlawful assembly at the time of committing the offense is sufficient.

In the same case (Chand v/s State of Punjab)Sc held that – there may be cases where the object of group is one, but the intention of participants differ.

Liability

It is a joint liability. A joint liability of a person is determined according to the manner in which he becomes associated with commission of the crime. It is of interpretative charater.

It is a constructive liability and vicarious liability. all the members of that assembly will be vicariously liable for that offence even one or more, but not all committed the said office.

Number of Person

Minimum two people require attracting this section.

Minimum five people require attracting this section.

Participation in Crime

Active participation in commission of crime is necessary.

Merely membership of the unlawful assembly at the time of commissioning of crime would be sufficient for this section application, active participation is not necessary.

We must first understand what research is. It is another word for gathering of information. The more information we have the closer we get of making our own decision. Research is the result of advancing knowledge created in the past. There are people from all walks of life that contribute to gathered information. These are ordinary people and extraordinary people. They include, teachers, students, scientists, professors, scholars, business owners, librarians, book keepers, writers, politicians and many more unknown out there. These are everyday citizens we interact with. They all help with the flow information that people use for self help.

Research is designed to solve a particular existing problems so there is a much larger audience eager to support research that is likely to be profitable or solve problems of immediate concern. We also must understand how research impact our decision making. Most people make decisions without gathered informations to back them up. Only few do. The problem is most people aren’t patient enough to put in the effort. Research requires time, effort, and sometimes money to have the evidence you need to make a sound decision that’s why many avoid it. The research you do and evidence you gathered will have impact on your future. Be adviced, considered the risks or consequences of making an important decision with inadequate evidence.

In conclusion research is very vital to our everyday decision making. It arms you from wrong informations and save time and money. It is important to your success as you take on life’s challenges and career decisions making. But be careful though, becasue too much research without action on what you’ re learning is not good either. The question is how much information is enough? How much information can you afford? Information obesity can be research problem just my advice. Research plus action will most likely guarantee a successful research. Now go out there and make good decisions. I wish you success. To learn more about taking charge of your future go to my resource box at http://www.unlimited-mlmwealth-online.com Email: prince@unlimited-mlmwealth-online.com cell: 612-363-7576

In nearly every city or town in America there are a few different types of real estate agents and brokers. Some of these professionals deal primarily in single family homes for individuals, others deal with commercial real estate transactions, and yet a third type deal primarily in investment real estate. If you are looking to invest in the real estate market, you will want to find a real estate agent or broker who deals with investment properties and the unique needs of real estate investors on a day-to-day basis.

The Investment Real Estate Specialist

The reason for dealing with a realtor who specializes in investment properties and transactions specifically with investors is simple; they understand what we do for a living and how we handle our transactions differently than other real estate buyers.

For example, real estate loan prequalification letters have become the norm these days for anyone who wants a realtor to show them available property. And, if you think about it, this does make sense for the realtors. Why should they bother spending their valuable time with buyers who cannot ultimately qualify for a loan? They don’t want to. So, they pretty much all require home loan prequalification before they will deal much with a buyer these days.

The good news is that for those of us who are investors, and who often use creative financing in one form or another on our deals, we are able to do business with the investment real estate agents without having to produce mortgage loan prequalification letters and lots of other documentation. All we have to do is let them know that if they can find us the deal, then we can get it financed one way or another.

Hard Money Lenders and Real Estate Loan Prequalification Letters

If you will be using hard money for your investment transaction, then it is possible for you to get a hard money lender to write you a mortgage loan prequalification letter. The hard money lenders deal with realtors as well, and they understand that some of them can be pretty insistent on mortgage loan prequalification.

Ultimately, if you deal with an investment realtor and try to avoid those who do not thoroughly understand our business, you should be able to minimize your document and prequalification headaches.

Day trading is an effective way to earn a living without failing in the market. Today’s need for quick cash has elevated the problems of jobless financial professionals on Wall Street. The new purpose of day trading can keep you up for days. You have to have a strong risk tolerance, understand the market, and establish a plan in order to make a difference in your odds.

Here’s a small reality check – you have to know what you’re doing in order to do anything in the first place. Do not jump into day trading to make money without a plan; it can harm your finances, cause you to lose money, and soon find disaster in the market.1. What is day trading?

Day trading refers to the act of selling and buying stocks in the same day. In reality, over 80% of day traders lose money in their daily transactions so you have to be smart in order to stay in the 20% of traders in the market today. Knowledge of the markets can help improve or destroy your efforts if you do not know how to make money day trading.

Smart traders are always interested in news, company reviews, and work on their entry point to stay intact with the market. You may have to develop your own rules in trading for the best return on your investing. Sometimes you have to keep your mind on some of the basics instead of jumping into advanced steps to make money online. Keep your eyes on the goal then work into a steady pace.

You can enter the industry by opening a brokerage account with an online investment firm. There are so many available that it’s kind of hard to choose which direction to go. Day trading requires a lot of research for first-timers; never consider the crazy option of choose one and go with it. Think about the fees, maintenance charges, and the management company that will take care of the trading for you. You can cut the problems associated with day trading by finding ways to make money the smart way.

3. Can this turn into a full-time career?

Day trading can become a full-time career with the right moves. A business plan, personal goals, and a strong financial understanding of the market can take you in the right direction. Sometimes you lose interest in the market when you lose money, but you have to have a high-risk tolerance to do day trades consistently. A lot of the trouble associated with creating a way to make money at home would involve investigating the stock market in different angles.

Just like finding a full-time job requires dedication, finding a brokerage firm that offers cheap trades deserves the same respect. You can make money in day trading if you’re willing to take responsibility for your choices; today’s investors are conquering the stock market with swift, informed decisions. You can do the same by researching your job (day trading) just as much as you would if you were in a corporation.

You can make money in day trading if you have a plan and a high-risk tolerance. The ones willing to take the risks get the results they’re looking for in the stock market. Many subtle, minimal traders get just that – small returns that may have done better in mutual funds. Consistent, daily traders make the mistake of using the markets in the wrong way. Sometimes you have to look into different stocks in order to get the benefits you seek in the stock market. Nothing can come close the feeling of success when you open your account and notice the profits earned on 5,000 shares. You will feel whole. You will feel successful. And you’ll be ready to do more in the same day.

5. Are you ready to begin?

Make the decision today; are you ready to begin a career in day trading? If not, start out slow and see if you make money by trading based on knowledge. Build some wind under your wings to get the returns you’re looking for in the market. Today’s dependability remains in the process of learning, using that knowledge, and building a strong foundation in the market through consistency. Some of the best investors know this, use this as a philosophy, and remain in the 20% that make money day trading on a larger scale.

As a real estate investor I am frequently asked, what does REO mean? REO is an acronym for real estate owned which refers to foreclosure properties owned by the bank. Once foreclosure homes are returned to lenders, the bank holds the property title and is responsible for maintaining real estate until it is sold.

Another question buyers want answered is what does REO mean in terms of obtaining reduced prices? In general, banks charge a slightly higher price for real estate owned properties. In addition to recouping financial losses from unpaid mortgage loans and the foreclosure process, banks remove attached liens and judgments in order to sell real estate with a clean title.

Bank owned homes are sold directly through each lender’s loss mitigation department or a designated real estate agent. Properties are sold in as-is condition at reduced rates. Buyers are responsible for repairs and renovations to return REO properties to livable condition. Some homes are in immaculate condition, but the majority requires some level of repair, while others are in need of complete renovation.

Most mortgage lenders obtain broker price opinion appraisals to arrive a fair market value. BPOs can be conducted as drive-by or internal inspections and are less expensive than traditional home inspections and appraisals. Although BPOs can provide an estimated home value, buyers should obtain a full inspection and professional appraisal prior to making an offer on the property.

If additional problems surface during the home inspection, buyers can use this information to further negotiate the purchase price. It is a good idea for buyers to take photographs of major repairs and obtain repair estimates which can be presented to the bank handing the REO sale.

REO properties can be a good option for real estate investors, first time home buyers, and individuals looking for an affordable vacation home. Investors oftentimes seek out bank owned real estate for use as lease-to-own homes and rental properties. Since REO homes are generally priced below market value, investors can earn a good return on investment by rehabbing the house or offering seller carry back financing.

Investing in bank owned homes can save home buyers and real estate investors’ time and money. There is no need to spend time negotiating with creditors and tax agencies to remove liens and judgments. If foreclosed homeowners continue residing in the home, banks commence with eviction action. All the time-consuming and messy details are handled by the bank; allowing buyers and investors the opportunity to purchase and quickly take possession of the property.

Buyers of foreclosure houses quickly discover that lien removal and tenant eviction can be costly and time consuming. Buying a foreclosure home can take several months, while REO home purchases can be quickly expedited.

Multiple sources are available for locating REO properties. Bank of America, Remax, Prudential and Countrywide publish bank owned foreclosure lists directly on their websites. Countrywide participates in the Department of Housing and Urban Development Neighborhood Stabilization Program which offers grant money to buyers who purchase REO homes in areas hit hard by foreclosure.

First time home buyers can locate multiple REO homes for sale to obtain real estate at substantially reduced prices. Buyers can maximize savings by utilizing first time home buying programs and applying for NSP grants.

These are just a few options for buying REO homes. The Internet provides a wealth of information for locating distressed properties at reduced prices. Many local realtors offer seminars to help buyers learn about the advantages of buying bank owned foreclosure properties. Take time to learn the advantages and disadvantages of purchasing REO real estate. Doing so can help you further negotiate the price while locating the perfect home in the perfect location!

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